CR 25-011 Rule Text

Clearinghouse No. 25-XXX

STATE OF WISCONSIN

Department of Veterans Affairs

In the matter of rulemaking proceedings before the Department of Veterans Affairs.

   

PROPOSED ORDER OF THE DEPARTMENT OF VETERANS AFFAIRS

AMENDING PERMANENT RULES

   

The statement of scope for this rule, SS 004-23, was approved by the Governor on January 5, 2023, published in Register No. 805A2 on January 9, 2023, and approved for implementation by the Secretary of the Department of Veterans Affairs on January 24, 2023.

PROPOSED ORDER

   

A proposed order of the Department of Veterans Affairs to repeal VA 2.01 (1r) (d), (dm), (kr), and (L), (3m) (h) 3., (j) 1. b. and c., 2. a. and b., and 3.a., 2.02 (2) (g) and (3) (d), 2.03 (1) (a), (2) (e), (j), (3) (a) 1. and 3., and (4), 2.07 (3) (cm), (4) (b) and (c), (6) (a) 5. and 9., (8) (b) and (c), (10) (a) 2. and 3., and (13), 2.08 (3) (gm), (5) (a) 2. and 3., (d) 5., 6., 7., 9., and 10., (e) 4., 9., (g) 2. and 3., (h), and (j) 1. am., as., and e., (m), (6) (c) 3. and 4., (d) 7. b. and 11., (6) (g) 3.; to renumber VA 2.07 (8) (a), 2.08 (5) (g) 1., (6) (g) 3. and 7.; to renumber and amend VA 2.01 (2) (a) 1m. (Note), (3m) (a) 1. (Note), (j) 1. a., 2. c., 3. b., 2.05 (5), 2.07 (10) (a) 1., 2.08 (6) (d) 10.; to consolidate, renumber, and amend VA 2.01 (2) (a) 1. and 2., (3m) (a) 1. and 2., 2.03 (a) (intro.) and 2., 2.08 (6) (d) 2. and 3.; to amend VA 2.01 (1r) (f), (j), (k), (m), (n), (r), (t), and (u), (2) (a) 5. and (b) 3m., (f) 2. (Note), (3m) (b) 2., 3., and (c) 2., (d) 3. and 4. (intro.), (g) 1. and 2., and (h) (intro.), 2.02 (1r) (d) and (2) (a), (Note), (b), (c), and (e), 2.03 (1) (e), (g), (2) (b) 1. and 3., (g) 2. and 3., (3) (b) 1., (5) (f), 2.04 (2) (a), 2.07 (4) (a), (5) (b) 1., (6) (a) 4., (10) (b) and (c), (11) (b) and (c), (12), 2.08 (3) (intro.), (5) (a) 1., (d) 1., 3., (j) 1. b., 2., 3., and (L), (6) (a), (c) 1. and 2., (d) (intro.), 1., (Note), 9., (e) 3., (f) 1., (g) 2., 4., 8., and (h); and to create VA 2.001 (Note), 2.01 (1r) (om), (3m) (d) 1m., and (h) 1m. and 3m., 2.02 (3) (b), 2.03 (1) (em), 2.07 (4) (bm) and (cm), and (5) (c) 1. (Note), 2.08 (5) (d) 1. (Note), (6) (a), (c) 1. and 2., and (d) 10. b., relating to veterans assistance grants.

Analysis prepared by the Department of Veterans Affairs.

   

ANALYSIS

Statutes interpreted:

Sections 45.03 (2), 45.20, 45.21, 45.40, 45.437, and 45.46.

Statutory authority:

Sections 45.03 (2), 45.21 (3), 45.40 (3m), and 45.437 (4)

Explanation of agency authority:

Section 45.03 (2), Stats., provides that the Secretary may promulgate rules necessary to carry out the purposes of Chapter 45 of the Wisconsin Statutes and the powers and duties conferred upon it.

Section 45.21 (3), Stats., requires the Department to promulgate rules for the distribution of aid under the retraining assistance program.

Section 45.40 (3m), Stats., requires the Department to promulgate rules establishing eligibility criteria and household income limits for subsistence aid payments.

Section 45.437 (4), Stats., requires the Department to promulgate rules implementing the veterans employment and entrepreneurship grant program.

Related statute or rule:

None

Plain language analysis:

Chapter VA 2 establishes the general criteria, procedures, requirements, and conditions for the award of grants to eligible veterans and their dependents, non-profit organizations, and employers. The proposed rules will allow for the distribution of funds to more veterans, veterans organizations, employers of veterans, and non-profit organizations that provide outreach and services to veterans and underserved veteran populations. The proposed rules amend the current grant process and evaluation criteria to improve grant efficiency, compliance, and accountability. This rule also makes general updates, revises outdated provisions, and amends certain provisions for clarity and conformity with current drafting standards for style and format.

Substantive amendments include the following:

 Section 2.01 (1) amends various definitions and repeals outdated definitions, including a definition for “available liquid assets” and creates a new definition for “liquid assets”.

 Section 2.01 (3m) makes the following substantive changes relating to the provisions of the health care aid:

o Par. (b) 3. eliminates the limit amount for liquid assets and refers to the statutory language in ch. 45, Stats.

o Amends various timelines and requirements relating to the description of benefits.

o Par. (c) 2. increases the grant timeframe from 90 to 180 days.

o Eliminates the limits for dental, hearing, and vision care aid.

 Sections 2.02 to 2.05 propose changes to reflect current practices for administering the veteran's tuition reimbursement program and retraining grant.

 Sections 2.07 & 2.08 make the following substantive changes relating to grants for non-profits, veterans employment, entrepreneurship, and transitioning service members:

o Sections 2.07 (3) (cm) and 2.08 (3) (gm) repeal a definition for “financially viable” not found in ch. 45, Stats.

o Amends provisions to specify that grant funds must be used to provide services to Wisconsin veterans or dependents of Wisconsin veterans.

o Eliminates burdensome application requirements and evaluation criteria not found in ch. 45, Stats.

o Amends application procedures to permit submission of applications via the online grant portal or on a department-approved form.

o Amends retention of grant records from 3 to 6 years in accordance with the department’s record retention schedule.